nm

[lucky]

[em]Lucky

Lead your life so you wouldn't be ashamed to sell the family parrot to the town gossip.
- Will Rogers[em]

[Ref]

My husband deals with software specific to his industry. He said that the programmer usually takes into account the time spend to the program. If you would think a programmer would make at least $150/hr, you should consider charging that times the approx. amount of hours you spent. He said he wouldn't sell a program for under $5000, especially if there is a chance that they will ask you for help in the future related to the program.

It my be different in your industry, but this is just his experience in his.

GOOD LUCK!
Ref

[mistoffolees]

As I understand it, you've developed this program for Delta Epsilon Chi and were compensated for your work. That makes it a work for hire (unless you have a contract that says something different).

I don't know for sure, but I suspect that it's actually Delta Epsilon Chi's property since it was a work for hire. If that's the case, selling it would be fraudulent.

I would definitely spend a few bucks on a lawyer to be sure before selling it.

[lucky]

nm
[em]Lucky

Lead your life so you wouldn't be ashamed to sell the family parrot to the town gossip.
- Will Rogers[em]

[mistoffolees]

>You would be wrong.  The compiled program belongs to MN DEX.
>The source code belongs to me.

That's true if you have an agreement saying it's true - which is what I already stated.

If you don't have an agreement, I think 'work for hire' covers everything, but you'd have to check with an attorney. Of course, if the fraternity/sorority is acting like it's yours, then you're certainly not going to be charged with fraud.

>
>Otherwise it wouldn't be a question - no one would bother to
>ask if I cared if it was sold, they'd just sell it.

That's true. If the fraternity/sorority is asking for your permission to sell it, then you're not likely to get in trouble for going along.

[lucky]

nm

[em]Lucky

Lead your life so you wouldn't be ashamed to sell the family parrot to the town gossip.
- Will Rogers[em]

[mistoffolees]

>Mist,
>
>Whatever.  The source code belongs to me - that is fact so
>unless you base your advice and/or opinions using that fact,
>anything else you put on the table isn't valid because it's
>based on a false premise.

I'm just giving you advice based on my experience in purchasing computing services. I have purchased quite a bit of computer consulting services in the past and know a bit about the ownership issues. You are free to ignore it if you wish.

Under federal work for hire statutes, if someone pays you for work, the work belongs to them unless you have a contract which says otherwise. It's not a 'premise', it's a fact.

If you have a contract saying the work belongs to you, then it's yours. If you're comfortable that they don't care and will let you have it, then you're clear. But none of that makes my statement wrong.

There is an easy way to clean things up. Just ask the fraternity to give you a note saying that you own the code. That would effectively eliminate any question. If you're so sure that they think you own the code, that shouldn't be a problem.

[lucky]

I'm sick of the damned "I know it all shut the hell up and do as I say" attitute you continually display.

This site is an incredibly awesome resource but asses like you will drive good people in need of help - and probably those of us who've been through the battlefield - away.  Thus people won't get the help they need.  I hope Admin takes action soon or I will be one of those driven away.


[em]Lucky

Lead your life so you wouldn't be ashamed to sell the family parrot to the town gossip.
- Will Rogers[em]

[Kitty C.]

I couldn't have said it better myself.  Lord knows how many he's driven away already.  Personally, he's lost ALL integrity and respect with me, especially the integrity.  It's a shame when one is willing to compromise their moral standards just to be RIGHT.  As a famed psychologist likes to say, 'Do you want to be right, or do you want to be happy?'

[mistoffolees]

>I'm sick of the damned "I know it all shut the hell up and do
>as I say" attitute you continually display.
>
>This site is an incredibly awesome resource but asses like you
>will drive good people in need of help - and probably those of
>us who've been through the battlefield - away.  Thus people
>won't get the help they need.  I hope Admin takes action soon
>or I will be one of those driven away.
>

You know, maybe if you'd make an effort to learn something, you might benefit from the site.

You've stated an opinion that the work is yours. No facts, no justification, just your opinion. I've told you that under federal law, if someone else paid you for the work, it's probably a "work for hire" and belongs to the payor unless you have a formal agreement otherwise.

Instead of discussing the facts I've presented, you whine "it's mine, it's mine, how dare you question me?" If you want to discuss facts, let's discuss facts and explain WHY you think it's yours. If you think your wishful thinking trumps Federal law, you're mistaken.

I'm simply trying to stick to facts. You, OTOH, think that your 'feelings' trump facts (and Federal law, for that matter). THAT is the kind of bad advice that gets people into trouble. They're better off NOT getting advice from people like you who think that their feelings are more important than the law.

[mistoffolees]

>I couldn't have said it better myself.  Lord knows how many
>he's driven away already.  Personally, he's lost ALL integrity
>and respect with me, especially the integrity.  It's a shame
>when one is willing to compromise their moral standards just
>to be RIGHT.  As a famed psychologist likes to say, 'Do you
>want to be right, or do you want to be happy?'


Do you want to base your life on your wishes or on reality?

Maybe you should read the thread. Why should his wishful thinking be more valid than Federal law?

[Davy]

Your frankness is a reminder of why I miss the computer industry .. 32 plus years primarily developing software in a variety of computing environments and business relationships.  

As I recall, your relationship was not a employee - employer relationship and a contract did not exist.  The user simply defined a need and you were paid for your final proprietary work product.  You are free to allow others to customize or not customize as YOU wish and you can sell your work product for whatever amount the market will bear, etc.  Geesh, this happens world wide.

It is no surprise that some pipsqeak would think the government would oversee intangibles like your mind and ideas.

[mistoffolees]

>Your frankness is a reminder of why I miss the computer
>industry .. 32 plus years primarily developing software in a
>variety of computing environments and business relationships.
>
>
>As I recall, your relationship was not a employee - employer
>relationship and a contract did not exist.  The user simply
>defined a need and you were paid for your final proprietary
>work product.  You are free to allow others to customize or
>not customize as YOU wish and you can sell your work product
>for whatever amount the market will bear, etc.  Geesh, this
>happens world wide.
>
>It is no surprise that some pipsqeak would think the
>government would oversee intangibles like your mind and ideas.
>

Once again, you're confused between what you wish and reality.

In the real world, once someone pays you to do a custom piece of programming, it is their work - unless you have a contract that says otherwise. Look up 'work for hire'.

I've been through this every time we hired a programmer to do custom work. Whether you like it or not, that's the way it works.

[Davy]

>we hired a programmer >

Who is 'we'.  Was a contract present.  The major difference is that Lucky was not hired.  Nor was she a programmer.  Like me, she functioned as a consultant which encompasses a programming effort.  

My participation on this board is for support and encouragement.

What I posted is not debatable by you.  

Your carrot and stick methodogy won't work with me.

I thought you finally understood responses and said you were done.  

Please don't tell me what changed.